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Law of Property Act 2000
41Trustee on statutory trusts for sale or partition to consult
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41 Trustee on statutory trusts for sale or partition to consult
persons interested
To the extent that it is reasonably possible, trustees on a statutory
trust for sale or a statutory trust for partition, must:
(a) consult with the:
(i) adults not subject to a disability who are for the time
being beneficially entitled to income of the property until
sale or partition; and
(ii) Public Trustee or other person charged by law with the
management and care of the property of an intellectually
disabled person, patient or protected person who is for
the time being beneficially entitled to income of the
property until sale or partition; and
(b) subject to the general interest of the trust, give effect to the
wishes of the persons consulted under paragraph (a) who are:
(i) interested in more than half of the income of the property
until sale or partition; or
Law of Property Act 2000 24
(ii) if there is a dispute – in agreement and are interested in
more than half of the income of the property until sale or
partition.